Sunday, January 27, 2019

BAN Caste Reservation


DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.04........27 / 01 / 2019

SC to examine validation of 10% quota to poor in general category

The bench said that they are examining the matter and hence issuing notice returnable within four weeks. However, they did not stay the operation of the Centre's decision granting quota to the poor in the general category.

The Supreme Court on Friday decided to examine the Centre's decision to grant 10 percent reservation in jobs and education to poor candidates belonging to general category. A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the central government on various petitions challenging the validity of the Constitution (103 Amendment) Act, 2019, which paved the way for grant of quota to poor belonging to general category. "We are examining the matter and hence issuing notice returnable within four weeks," the bench said.
The bench, however, did not stay the operation of the Centre's decision granting quota to the poor in the general category. In the poll year, the Narendra Modi government had come out with the constitutional amendment bill giving quota benefits to the poor among general category candidates.
The petitions were filed by parties including organisations like Janhit Abhiyan and Youth For Equality challenging the Centre's decision. The petition, filed by Youth For Equality, has sought the quashing of the bill saying that the economic criterion cannot be the sole basis for reservation.
The plea has said the bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general categories and the 50 per cent ceiling limit cannot be breached.
A similar plea has been filed by businessman Tehseen Poonawalla seeking to quash the bill, saying that backwardness for the purpose of reservation cannot be defined by "economic status alone".  The quota will be over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes (OBCs).
Lok Sabha and Rajya Sabha cleared the Bill on January 8 and 9 respectively and it has also been signed by President Ram Nath Kovind.


Editorial : BAN Reservation to rich dalits
- Rich must not enjoy at the expense of poor

Basic tenet of our democratic governance and  of our  constitution is  EQUALITY & EQUAL OPPORTUNITY  to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.

Basic principle of criminal justice stipulates you cann't  hold a grandson  liable for a murder committed by his grandfather a century ago and punish the grandson now.

In the name of  correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment  is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly  “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants,  gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal,  against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.


Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of  forward caste. It is illegal , unconstitutional,  violations of constitutional rights , violations of human rights. Now 50% of  jobs , seats in educational institutions are divided between  SC , ST , OBC, MUSLIMS &  minorities  totally  neglecting poor of all castes & religions. Some of  the  OBC groups were part of ruling dynasties never faced any social  persecution and now with  political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still  they are  enjoying reservation benefits wrongly as minorities whereas real minorities hindus  in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people  rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities  poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste  based reservation must be replaced with poverty based affirmative action. Our Constitution framers  Dr.Baba saheb B R AMBEDKAR  themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 70 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.
-
- Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed  by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first  step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal  footing.
5. Finally down the line  scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of  declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if  goverment continues with it's crimes of suppressing neo dalits and if apex court also aids  the goverment,  both of them become criminals.
7. 10% reservation must be  accommodated within 50% reservation pie of  jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north eastern states where actually hindus are in minority whereas muslims Christians are in majority.
9. Fix a definite time line for  removal of caste based reservation and it's replacement with poverty based affirmative action.
10. To stop persecution , human rights violations,  fundamental rights violations of  sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from reservation benefits.


PIL –  Ban  Reservation to Rich  Dalits Muslims OBCs

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2019


IN THE MATTER OF


NAGARAJA . M.R

editor  , DALIT  ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,
Honourable Pricipal Cabinet Secretary , GOI  & Others


....Respondents



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
   Dalits & backward caste people  have suffered innumerably for centuries  at the hands of forward caste people. It  was nothing but APARTHEID policy.
   Muslims and other  people  whoes numbers were minor  also suffered persecution.
   Our constitutional framers  to provide  equal oppurtunity to all indian citizens gave certain transient  measures like reservation in schools , college , jobs , etc to these persecuted people.
   Now even after 71  years of independence &  reservation , affirmative policies of government still  many dalits , minorities are  suffering. Creamy layers of  dalits , muslims  with political connections  have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. Few  well connected dalit families have  over used reservation benefits multiple times , while  many poor dalit families have not used reservation even once.  Few  Scheduled Tribe communities & other backward caste communities didn’t  face any social boycott at all in the past.  Some  of those communities were  actually rulers / royals.  Still due to political  connections  now those   few  ST & few OBC  communities are enjoying reservation . As  a result  few dalits , muslims  have become well educated , rich while their  poor brothers suffer in ghettos , slums.
    In few dalit families  both father & mother  are in government service based on reservation  , has taken  fast promotion on reservation ,   both sons  got  education on reservation  and  even got  government jobs on reservation. Still that family wants residential site under reservation quota ,  school seat for grandson under reservation , how is it justified ?
   Reservation benefits are provided by  public coffers – ie hard earned tax payer’s money belonging to all castes & religions.  That money must be properly used  to correct  historical wrong.  Reservation  benefit  must be given only once to a  family , the family member who uses that benefit to get education & appointment  reaches a stage of financial independence.  In turn  that family member must  personally spend towards uplifting  his other family members instead of relying on government support.
   The castes & tribes which didn’t face any social ostracism  but enjoying  ST & OBC benefits by political connections  must be removed from  those categories.  The  poor among those castes & communities  must be given  financial support for education , self employment  , etc based on economic criteria.  In this way  reservation  fund  will be  preserved & that saved money can be used for  other poor  SC / ST / OBC / Minority families. So that  all SC / ST / OBC / Minority family will come up fast in society.
   Private sector   which  enjoys loans , subsidies , other benefits from government  , public banks  are not bound  by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.
   Successive governments  are indirectly  segregating people with new names & using them as vote banks. Affirmative actions of government  are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.


Basic tenet of our democratic governance and  of our  constitution is  EQUALITY & EQUAL OPPORTUNITY  to all Indian citizens.

Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.

Basic principle of criminal justice stipulates you cann't  hold a grandson  liable for a murder committed by his grandfather a century ago and punish the grandson now.

In the name of  correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment  is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.

These suppressed forward caste people are truly  “ NEO-DALITS".

In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants,  gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal,  against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.


Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of  forward caste. It is illegal , unconstitutional,  violations of constitutional rights , violations of human rights.

We as citizens of india as tax payers has right to decide how our tax money is spent by government.

- Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of  forward caste. It is illegal , unconstitutional,  violations of constitutional rights , violations of human rights. Now 50% of  jobs , seats in educational institutions are divided between  SC , ST , OBC, MUSLIMS &  minorities  totally  neglecting poor of all castes & religions. Some of  the  OBC groups were part of ruling dynasties never faced any social  persecution and now with  political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still  they are  enjoying reservation benefits wrongly as minorities whereas real minorities hindus  in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people  rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities  poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste  based reservation must be replaced with poverty based affirmative action. Our Constitution framers  Dr.Baba saheb B R AMBEDKAR  themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 70 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.


2. Question(s) of Law:

Why not  LIMIT  reservation only once to a family that too only one family member ? Why NOT  limit reservation  to  only poor among   SC / ST / OBC / Minorities  ?

3. Grounds:

Request for  proper  use of reservation funds to  needy.

4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to  limit reservation benefit only to needy  among SC / ST / OBC / Minorities.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.
f. To extend  financial aid , educational aid benefits on par with  SC / ST / OBC / Minorities  to all economically weak weak people irrespective of their castes , religions.
.



PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce  Uniform Civil Code.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.
f. To extend  financial aid , educational aid benefits on par with  SC / ST / OBC / Minorities  to all economically weak  people irrespective of their castes , religions.
g. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

Hereby, we request Honourable supreme court of india:

1. To identify all citizens suppressed  by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first  step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal  footing.
5. Finally down the line  scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of  declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if  goverment continues with it's crimes of suppressing neo dalits and if apex court also aids  the goverment,  both of them become criminals.
7. 10% reservation must be  accommodated within 50% reservation pie of  jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north eastern states where actually hindus are in minority whereas muslims Christians are in majority.
9. Fix a definite time line for  removal of caste based reservation and it's replacement with poverty based affirmative action.
10.  To stop persecution , human rights violations,  fundamental rights violations of  sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from reservation benefits.


FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 27.01.2019..        ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON



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